80-9-204. Adulterated feed. A commercial feed is adulterated if:
(9) it is in whole or in part the product of a diseased animal or of an animal that has died otherwise than by slaughter and that is unsafe within the meaning of section 402(a)(1) or (a)(2) of the Federal Food, Drug, and Cosmetic Act;

(13) its composition or quality falls below or differs from the composition or quality that is purported or represented to possess by its labeling;

From the FDA website, it appears Montana has adopted the Federal Food, Drug and Cosmetic Act as state law, though it is uncertain if they have adopted the federal laws with respect to pet foods. The federal law states:

Title 21, Section 321 (f) The term “food” means (1) articles used for food or drink for man or other animals,

Title 21, Section 342 A food shall be deemed to be adulterated-(a) Poisonous, insanitary, etc., ingredients (5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter;

Montana defines an adulterated pet food as: 80-9-204. Adulterated feed. A commercial feed is adulterated if: (9) it is in whole or in part the product of a diseased animal or of an animal that has died otherwise than by slaughter and that is unsafe within the meaning of section 402(a)(1) or (a)(2) of the Federal Food, Drug, and Cosmetic Act. And (13) its composition or quality falls below or differs from the composition or quality that is purported or represented to possess by its labeling.

With reference to item (9) above, the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal. However right now in Montana pet foods are being sold that include ingredients sourced from non-slaughtered animals. The legal definitions of the following common pet food ingredients Do Not require them to be sourced from a slaughtered animal: Chicken/Turkey/Poultry by-product meal, Meat and Bone Meal, Animal by-product meal, Animal fat, and Animal Digest (source AAFCO Official Publication). Per state law, any pet food that contains one or more of these ingredients would be considered adulterated. A significant number of pet foods contain one or more of these state law defined adulterated ingredients; an estimated $19 million dollars worth sold every single day in the U.S.

With reference to item (13) above, many varieties of pet food – as example from Pedigree Dog Food, Hill’s Science Diet Crafted Pet Food, and FreshPet Pet Food show grilled meat or roasted meat on the label, however there is no grilled or roasted meat in the pet food. Thus the ‘quality’ falls below what is ‘represented on the label’. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that Montana has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if Montana has adopted the full Act in reference to food/pet food.

In the United States Code, Title 21, Chapter 9, Subchapter IV, Section 342 – the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal (Section 342 a-5). This law is similar to state law (item 9) mentioned above.

Current conditions in pet food are a result of state and/or federal laws not being enforced. As it is not my personal goal to financially damage pet food companies due to authorities lack of enforcement, or financially damage the rendering industry (the companies that produce ingredients listed above) – I am asking you as my state Representative to do two things. One – make certain that pet foods abide by both federal and state labeling laws; and two – (with respect to the financial stability of the pet food industry) require pet foods that contain an ingredient that is in violation of state/federal law to include a warning on the label – or ask authorities to fully enforce existing laws. Example warning label could state: ‘Warning. This pet food could contain ingredients that are in violation of federal and state law. Handle and store with care.’ The consumer warning should be required to be implemented immediately, and placed in a highly visible area on the pet food label.

Thank you for your time and consideration of pet food consumers.

(Your signature)

Example letter to Montana Attorney General…

I wish to report pet foods sold within the state of Montana that do not meet the requirements of state law.

Montana defines an adulterated pet food as: 80-9-204. Adulterated feed. A commercial feed is adulterated if: (9) it is in whole or in part the product of a diseased animal or of an animal that has died otherwise than by slaughter and that is unsafe within the meaning of section 402(a)(1) or (a)(2) of the Federal Food, Drug, and Cosmetic Act. And (13) its composition or quality falls below or differs from the composition or quality that is purported or represented to possess by its labeling.

With reference to item (9) above, the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal. However right now in Montana pet foods are being sold that include ingredients sourced from non-slaughtered animals. The legal definitions of the following common pet food ingredients Do Not require them to be sourced from a slaughtered animal: Chicken/Turkey/Poultry by-product meal, Meat and Bone Meal, Animal by-product meal, Animal fat, and Animal Digest (source AAFCO Official Publication). Per state law, any pet food that contains one or more of these ingredients would be considered adulterated. A significant number of pet foods contain one or more of these state law defined adulterated ingredients; an estimated $19 million dollars worth sold every single day in the U.S.

With reference to item (13) above, many varieties of pet food – as example from Pedigree Dog Food, Hill’s Science Diet Crafted Pet Food, and FreshPet Pet Food show grilled meat or roasted meat on the label, however there is no grilled or roasted meat in the pet food. Thus the ‘quality’ falls below what is ‘represented on the label’. But none of these pet foods and many more are being held to state law.

Per the FDA website, it appears that Montana has adopted the Federal Food, Drug and Cosmetic Act into state law. I am uncertain if Montana has adopted the full Act in reference to food/pet food.

In the United States Code, Title 21, Chapter 9, Subchapter IV, Section 342 – the law states that a food is considered adulterated if it is sourced from a non-slaughtered animal (Section 342 a-5). This law is similar to state law (item 9) mentioned above.

Current conditions in pet food are a result of state and/or federal laws not being enforced. As it is not my personal goal to financially damage pet food companies due to authorities lack of enforcement, or financially damage the rendering industry (the companies that produce ingredients listed above) – I am asking you as my state legal Representative to do two things. One – make certain that pet foods abide by both federal and state labeling laws; and two – (with respect to the financial stability of the pet food industry) require pet foods that contain an ingredient that is in violation of state/federal law to include a warning on the label – or ask authorities to fully enforce existing laws. Example warning label could state: ‘Warning. This pet food could contain ingredients that are in violation of federal and state law. Handle and store with care.’ The consumer warning should be required to be implemented immediately, and placed in a highly visible area on the pet food label.